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Jayesh Thomas vs State Of Kerala on 9 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 9TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941

BAIL APPL.NO. 2707 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMP 973/2019 OF DISTRICT COURT
SESSIONS MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD

CRIME NO. 53/2019 OF CHITTARIKAL POLICE STATION , KASARGOD

PETITIONER:

JAYESH THOMAS, AGED 33 YEARS,
S/O. THOMAS, RESIDING AT HOUSE NO. 1537,
SANSKRIT APARTMENT, SECTOR-28, ROSHINI,
NEW DELHI, PIN – 110 085

BY ADVS.
SHRI.JAWAHAR JOSE
SRI.SARUN RAJAN

RESPONDENT:

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
B.A. No. 2707 of 2019
————————————
Dated this the 9th day of April, 2019

ORDER

The petitioner is the sole accused in Crime No.53/2019

of Chittarikkal Police Station registered for offences under Section

498A of IPC.

2. The lady defacto complainant claims that she is the

wife of the petitioner, whereas the petitioner claims that there was

no valid marriage solemnized between the parties and that

therefore the offence under Sec.498A of the IPC will not be

disclosed. The gist of the allegations is that the lady defacto

complainant had earlier married a person by name Sri.Suneesh

and in that marital relationship, she has two children. Her earlier

marriage was dissolved and thereafter she has married the

accused. The allegation is that the petitioner has collected huge

money from her which is causing mental stress to her, etc.

3. Having regard to the nature of allegations disclosed

against the petitioner in the instant case as well as the nature of

the offence alleged against him, this Court is of the view that the

plea for pre-arrest bail could be considered. Accordingly it is
B.A. No. 2707 / 2019

..3..

ordered that in the event of the petitioner being arrested by police

in connection with the abovesaid crime, he shall be released on bail

on executing bond for Rs.40,000/- and on furnishing two solvent

sureties for the like sum, each to the satisfaction of the

Investigating Officer concerned.

4. Further it is also ordered that it will be subject to

following conditions:-

i. The petitioner shall not involve in any criminal offences of similar
nature.

ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the investigating officer as and
when required in that connection.

iv. The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

If there is any violation of the abovesaid conditions by

the petitioner then the jurisdictional court concerned stand

hereby empowered, to consider the plea for cancellation of

bail at the appropriate time.

With these observations and directions, the above Bail

Application will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

MMG

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